In our rapidly evolving world, the advancement of self-driving cars represents one of the most significant technological shifts in modern transportation. Autonomous vehicles (AVs) promise to revolutionise how we travel forever.
Importantly, self-driving cars have the potential to reduce human driving errors. In turn, this should help increase road safety whilst transforming our urban landscapes as our cities adapt for these vehicles. However, these cars also present complex ethical and legal challenges. In particular, many are concerned about liability in an accident. Who exactly is responsible in the event of a road accident, insurer or manufacturer?
In this article, we will explore the ethical implications and legal responsibilities associated with self-driving cars by considering global perspectives and the current state of play in Australia.
The possibilities and dangers of self-driving cars
As previously mentioned, autonomous vehicles have the potential to drastically reduce traffic accidents caused by human error. When we consider the fact that human error accounts for approximately 94% of all road accidents, we see there is huge room for improvement.
On the other hand, self-driving cars are not yet without their faults. Despite the brilliance of autonomous driving technology, accidents have happened. For example, in 2018 a fatal crash involving an Uber autonomous vehicle in Arizona made headlines for all the wrong reasons. Recently, there was also another car crash involving a Cruise robotaxi in San Francisco.
These incidents highlight the significant risks and unresolved legal issues associated with self-driving cars.
Ethical considerations for self-driving cars
One of the most pressing ethical questions surrounding AVs is how these vehicles make decisions in critical situations. Unlike human drivers, they rely on algorithms to process information and make real-time decisions. However, this raises concerns about how these algorithms are programmed and whose safety they prioritise.
For instance, should a prior self-driving car prioritise the safety of its passengers over pedestrians? An average would think not.
Therefore, these ethical dilemmas are central to the development and deployment of these vehicles. These points also reinforce the requirement for robust regulatory frameworks to ensure that decision-making processes are transparent and ethically sound.
Who is legally responsible when a self-driving car is involved in an accident?
Determining liability in road accidents involving self-driving cars is complex. At the moment, the question of who is liable varies significantly by jurisdiction. In traditional vehicle accidents, liability typically falls on the driver. However, as the role of the human driver diminishes, the focus shifts towards manufacturers and software developers.
In the United States, legal frameworks are still catching up with the rapid advancement of AV technology. The recent Cruise incident in San Francisco, where a robotaxi hit a pedestrian, underscores the blurred lines between driver negligence and product liability.
Legal experts suggest that manufacturers building self-driving cars may need to assume greater responsibility for accidents caused by their vehicles. Some experts say that self-driving cars should act as "superhuman defensive drivers".
Global opinions on liability for self-driving cars
Across the globe, countries are adopting different approaches to address who is liable. In the United Kingdom, the Automated and Electric Vehicles Act 2018 stipulates that insurers will cover damages caused by AVs when they are operating in autonomous mode. However, it does not end there.
In turn, insurers subsequently seek reimbursement from the manufacturers if the vehicle was at fault. This "single insurer" model has benefits. Instead of victims having to make a claim with a manufacturer, which could take a long time, they can deal with an insurance company as they normally would. This model therefore aims to simplify the compensation process for victims whilst ensuring timely payouts
Across the pond in Australia, the National Transport Commission (NTC) has been working on developing a consistent regulatory framework for self-driving cars. However, progress has been slow. We still need significant legal and insurance reforms. The NTC has proposed an Automated Vehicle Safety Law, expected by 2026, to ensure that AVs are regulated uniformly across the country.
The Road Ahead: Recommendations for Australia
For Australia to keep pace with global advancements in autonomous technology and ensure the safety and rights of its citizens, we need:
- Establish Comprehensive Regulatory Frameworks: The proposed Automated Vehicle Safety Law should be soon expedited. It plans to include clear guidelines on liability and insurance coverage. These frameworks should encompass provisions for data sharing to determine fault in accidents accurately.
- Promote Industry Collaboration: Collaboration between manufacturers, insurers, and policymakers is also crucial to develop standards that ensure the safety and reliability of self-driving cars. This collaborative effort includes rigorous testing to see how the technology works in diverse conditions.
- Enhance Public Awareness and Trust: In addition, public acceptance of self-driving cars vital for their widespread adoption. People need to trust these machines if they are to become popular. To do this, we need transparent communication about the benefits, risks, and regulatory measures in place. This should help build public trust, allowing them to feel comfortable to purchase an AV.
- Invest in Infrastructure: Infrastructure is another matter to consider. For self-driving cars to be successfully integrated into society, we must see the development of intelligent transport systems and infrastructure that supports these vehicles. For example, we may see more dedicated lanes and smart traffic signals to facilitate these cars in our existing traffic systems.
Is Australia ready for autonomous cars?
As discussed, the journey towards fully autonomous vehicles is fraught with ethical and legal challenges. As Australia prepares to integrate driverless vehicles, it is imperative that we establish robust frameworks that address these challenges head-on.
By learning from other countries and fostering collaboration across sectors, Australia can pave the way for a safer, more efficient future for transportation.
